PONTA TAL-QAWRA NATURE RESERVE [ S.L. 549.150 1 SUBSIDIARY LEGISLATION 549.150 IL-PONTA TAL-QAWRA NATURE RESERVE REGULATIONS 20th September, 2022 LEGAL NOTICE 240 of 2022, as amended by Legal Notice 331 of
- The title of these regulations is Il-Ponta tal-Qawra Nature Reserve Regulations. Citation.
- requires: In these regulations, unless the context otherwise Interpretation. "Act" means the Environment Protection Act; Cap.
- "competent authority" means the Environment and Resources Authority as established by article 6 of the Act; "Minister" means the Minister responsible for the environment; "Nature Reserve" means Il-Ponta tal-Qawra site as delineated in Schedule I; "specimen" shall have the same meaning as assigned to it in the Flora, Fauna and Natural Habitats Protection Regulations; S.L. 549.
- "vehicle" shall have the same meaning as assigned to it in the Motor Vehicles Regulations. S.L. 65.
- The competent authority and the Police shall be responsible for the administration, implementation, compliance assurance and enforcement of these regulations. Administration of these regulations. 4.
(1)The Minister hereby declares Il-Ponta tal-Qawra site as delineated in Schedule I as a Nature Reserve. Establishment of Nature Reserve.
(2)The Nature Reserve shall remain protected notwithstanding any deliberate or accidental cause whereby a Nature Reserve or its surroundings, or part thereof, is destroyed or damaged, unless otherwise published by the competent authority. 5.
(1)No person shall access the Nature Reserve with a vehicle, unless he is in possession of a prior permit granted by the competent authority.
(2)No person shall: (
- a)capture, hunt, collect, trap, pick, uproot, cut, kill, Prohibitions. Amended by: L.N. 331 of 2022. 2 [ S.L. 549.150 PONTA TAL-QAWRA NATURE RESERVE destroy, damage, create any adverse conditions, disturb, keep, sell, offer for sale or exchange any species or specimens of flora or fauna from the Nature Reserve; (
- b)release or attempt to release, maintain and, or in any way intentionally assist the establishment or potential establishment of species not native to the Nature Reserve, or allow the escape of such species in such site; (
- c)carry out an activity or intervention which damages or which may negatively impact the biodiversity, geology, geomorphological features, integrity or landscape of the Nature Reserve, or parts of them; (
- d)place any construction material or structure, affect any physical modification to the natural terrain for whatever purpose, including facilitation of mooring or access, or affixing any permanent fixture within the Nature Reserve; (
- e)dump, pour, throw, place or bury any chemical substance, waste, rubbish, rubble or any other form of refuse within the Nature Reserve; (
- f)cause, or permit to cause, loud music or any excessive noise or light within the Nature Reserve; (
- g)light an open fire within the Nature Reserve; (
- h)operate any commercial activity within any Nature Reserve or place any facilities ancillary for such purpose; or; (
- i)be in possession and, or use any weapon, ammunition, or any other equipment which may be used for hunting within the Nature Reserve and within an area of two hundred metres radius measured from its border, unless in possession of a prior permit from the competent authority.
(3)This regulation shall not apply in cases of defence and national security, public safety and health, protection of cultural heritage, salvage operations and the investigation of offences. Permits. 6.
(1)Without prejudice to the provisions of these regulations, the competent authority may grant, or partially grant, a permit for any activity or operation regulated through these regulations.
(2)Permits for the exploitation of flora or fauna within the Nature Reserve shall only be granted for: (
- a)bona fide scientific studies; or PONTA TAL-QAWRA NATURE RESERVE [ S.L. 549.150 (
- b)the management and monitoring operations of the Nature Reserve in accordance with the provisions of the Flora, Fauna and Natural Habitats Protection Regulations and other operations indicated as essential by the competent authority for the management of the site. 7.
(1)Any person requiring a permit shall submit an application in writing to the competent authority prior to the carrying out of such activities stipulated in these regulations. 3 S.L. 549.44. Application criteria and supplementary provisions.
(2)The application shall be accompanied by the relevant documents and any other requisite as specified and required by the competent authority.
(3)Whenever the competent authority grants, or partially grants a permit, it may impose such conditions as it may deem fit and appropriate.
(4)The period of validity of such permits shall also be established by the competent authority provided that the validity of the permit does not exceed one
(1)calendar year.
(5)The competent authority may amend, vary, suspend or revoke any permit giving reasons for its decision to the applicant.
(6)Without prejudice to any other obligations and conditions laid down by the competent authority, a permit holder is obliged to submit the following within a month
(1)from the expiry of the permit or at the end of the calendar year, whichever is the earliest: (
- a)a detailed report of the activities undertaken; (
- b)the aim and what field of work or activity was carried out; (
- c)the methodology employed; and (
- d)the outcome and results achieved in connection with the permit.
(7)A copy of any published results and other publications relevant to this permit shall reach the competent authority within three
(3)months from the date of publication.
(8)The competent authority may, in cases of emergency or grave danger, issue an emergency permit for any of the activities mentioned in regulations 5 and 6 and in so doing may issue such directives as deemed fit. 8. During the execution of a permitted activity or operation, any person who is on site in connection with such activity or operation shall be in possession of a copy of the permit. This permit shall be A person on site shall be in possession of a copy of the permit. 4 [ S.L. 549.150 PONTA TAL-QAWRA NATURE RESERVE shown upon request to any officer of the competent authority and any duly authorised law enforcement official. Offences and punishments. 9.
(1)Any person who, wilfully or through imprudence, negligence or incompetence: (
- a)fails to observe any condition of a permit granted under the provisions of these regulations; (
- b)fails to comply with any provision of these regulations or, with any order lawfully given in accordance with any provision of these regulations; (
- c)infringes any restriction, prohibition, order or requirement arising from these regulations; (
- d)acts in contravention of any provision of these regulations; (
- e)conspires with, aids, abets, counsels, instigates, procures or knowingly allows any other person to contravene or fails to comply with the provisions of these regulations or of any restriction, order, prohibition or requirement imposed by or in accordance with these regulations; (
- f)attempts to do any of those actions indicated in paragraphs (
- a)to (e); or (
- g)makes a statement or submits information or documentation, which such person knows to be false for the purpose of obtaining the approval of a permit in accordance with these regulations, shall be guilty of an offence against these regulations.
(2)Any person who commits, or attempts to commit, an offence against regulation 5
(2)(
- a)shall be liable: (
- a)in the case of a first offence, to a fine (multa) of not less than seven hundred and fifty euro (€750) for each specimen, but not exceeding five thousand euro (€5,000) for each specimen; (
- b)in the case of a second or subsequent offence, to a fine (multa) of not less than one thousand and five hundred euro (€1,500) for each specimen, but not exceeding ten thousand euro (€10,000) for each specimen, or to imprisonment for a period not exceeding two
(2)years, or to both such fine and imprisonment.
(3)Any person who commits, or attempts to commit, an PONTA TAL-QAWRA NATURE RESERVE [ S.L. 549.150 offence not referred to in the provisions of sub-regulation
(2)shall be liable on conviction: (
- a)in the case of a first offence, to a fine (multa) as indicated in Schedule II; (
- b)in the case of a second or subsequent offence, to a fine (multa) as indicated in Schedule II, or to imprisonment for a period not exceeding two
(2)years, or to both such fine and imprisonment: Provided that without prejudice to the provisions of this sub-regulation, in determining the gravity of the offence the Court may consider, amongst others, the following factors: (
- i)the possible damage to any habitat or species of the Nature Reserve concerned as a consequence of the offence; (
- ii)the intrinsic value or socio-economic benefits of any habitat and wildlife within the Nature Reserve; (iii) the possible damage caused through the introduction of species not native to the Nature Reserve; (
- iv)the possible damage caused through the unauthorised access with a vehicle to the Nature Reserve; (
- v)the impact of the offence on the general public by nature of the place, affected species or habitat, or any other similar consideration inherent to the nature of the offence; (
- vi)public interest; and (vii) potential quantum of illegal gain.
(4)The provisions of article 30
(1)of the Criminal Code shall, mutatis mutandis, apply to proceedings in respect of offences against these regulations, sohowever that the disqualification from holding or obtaining a permit or authorisation shall in no case be for less than one
(1)year. SCHEDULE I Il-Ponta tal-Qawra Nature Reserve Cap.
- 5 6 [ S.L. 549.150 PONTA TAL-QAWRA NATURE RESERVE Schedule I shall be published in the Maltese language only. SCHEDULE II Applicable Fines (regulation 9) Amended by: L.N. 331 of
- Applicable fines (multi) for offences according to regulation 9
(3): Offence in breach of: Regulation 5
(1), 5
(2)(f) and 5
(2)(i) Regulation 5
(2)(e) and 5
(2)(g) Regulation 5
(2)(b), 5
(2)(c), 5
(2)(d) and 5
(2)(h) Other offences except those under regulation 5 APPLICABLE FINE (multa) (€) First Offence Second or subsequent offence Minimum Maximum Minimum Maximum 750 15,000 1,500 30,000 1,000 20,000 2,000 40,000 1,500 25,000 3,000 50,000 750 15,000 1,500 30,000